Zoning Ordinance Chapter 9

Transcription

1 CHAPTER 9 SIGNAGE SECTION 9.0 PURPOSE A. The purpose of this Ordinance is to establish comprehensive provisions that will eliminate confusing, distracting and unsafe signs located on private property; and enhance the visual environment of the Town of Cave Creek. SECTION 9.1 GENERAL REGULATIONS: A. General Sign Regulations: 1. The regulations, requirements, and provisions set forth in this Ordinance shall apply to all signs erected, placed, or constructed on private property within the Town. a. A Zoning Clearance and/or Building Permit shall be required for all signs except those signs specified in this Ordinance as exempt from these provisions. b. All signs shall be structurally designed, constructed, and erected in accordance with all applicable provisions and requirements of the Town of Cave Creek adopted codes and ordinances. c. All signs and sign structures, including legal nonconforming signs, shall be maintained in good order, repair, and appearance at all times so as not to constitute a danger or hazard to the public safety. d. Signs shall not be located in a manner that interferes with pedestrian or vehicular travel or poses a hazard to pedestrians, equestrians or vehicles. e. A Building Permit is required for all exterior electric signs. 2. Signs may be illuminated or non-illuminated. The source of the sign s illumination shall not be visible from any street, sidewalk, or adjacent property. 3. Where there is conflict between this regulation and other Town regulations, the more restrictive shall apply. Effective Amended by Ord. O Page 1 of 16

2 B. Sign Area is defined and shall be measured as follows: 1. Sign copy mounted or painted on a background panel or area distinctively painted, textured or constructed as a background for the sign copy shall be measured as that area within the outside dimensions of the background panel or surface. 2. Sign copy mounted as individual letters and/or graphics against a wall shall be measured as the smallest rectangle that will enclose the entire copy or grouping of such letters, words, or graphics in the total sign. 3. A double faced sign shall be considered as one sign when determining the sign area, provided both faces are parallel and the distance between faces do not exceed eighteen inches (18 ). C. Sign height is defined and shall be measured as follows: 1. Freestanding signs shall be measured as the vertical distance from grade to the top of the highest element of the sign or sign structure. 2. Wall, fascia, or parapet mounted sign height shall be measured as the vertical distance to the top of the sign or sign structure from the base of the structure on which the sign is located. D. Exempt Signs: 1. Political Signs: a. Political signs are permitted in all zones. b. Political signs shall not be displayed earlier than sixty (60) days prior to an election and shall be removed within fifteen (15) days after the specific election to which they refer. 2. Real Estate Signs: a.. Real Estate signs are for advertising the sale, lease or renting of a structure, suite, dwelling or lot. b. Real Estate signs shall comply with all other provisions of this Ordinance. Effective Amended by Ord. O Page 2 of 16

3 c. Real Estate signs are exempt from the total aggregate sign area for the subject parcel. d. Real estate signs are permitted in all zones. e. All real estate signs shall be removed upon closing of the sale. f. Portable signs shall not be used for real estate sales. g. An Open House directional sign may be posted at each directional change from the major arterial street not to exceed six (6) total signs not including one (1) real estate sign posted at the property. h. Each Open House directional sign shall not exceed a maximum height of three feet (3 ) and shall not exceed a maximum total area of six square feet (6 sq. ft.). i. Open House directional signs may be posted only when a sales person is on duty at the home/parcel. 3. Permits Not Required: Zoning Clearances and/or Building Permits are not required for the following signs provided that such signs are subject to all other provisions of this Ordinance. a. Standard sign maintenance. b. Yard, carport or garage sale signs. c. Political signs. d. Real Estate and Open House signs e. Nameplate signs for individual residences. f. Messages painted directly on, or adhesive vinyl film affixed to, the exterior surface of existing glass windows, except that the aggregate square footage of such signs shall be calculated as window signage. g. Flags, pennants or insignia of any nation, state, county, town, school, or any church or religious organization. Effective Amended by Ord. O Page 3 of 16

4 h. Memorial plaques, statuary or remembrances of persons or events noncommercial in nature, or building identification signs and building cornerstones when cut or carved into a masonry surface or when made of non-combustible material and made an integral part of the building or structure. i. Works of fine art, historic or cultural artifacts when not displayed in conjunction with a commercial enterprise. j. Temporary decorations or displays celebrating the occasion of traditionally accepted patriotic, religious or local holidays or events. k. A sign that is relevant to the function of the property that is not visible beyond the boundaries of the lot or parcel upon which they are located, or from any Town right-of-way. l. Signs displayed within the interior of a building. m. The placement and maintenance of official traffic, fire and police signs, signals and devices and markings of the State of Arizona and the Town of Cave Creek or other authorized public agency, and the posting of notices as required by law. n. Non-illuminated directional or informational signs of a noncommercial public or quasi-public nature and community signs. No such signs shall be permitted to be located within the Town rights-of-way without first obtaining a Right-of-Way Use Permit from the Town Engineer. o. No signs shall be located within the Town rights-of-way without first obtaining a Right-of-Way Use Permit from the Town Engineer, or written consent/approval by the Town Engineer. SECTION 9.2 RESIDENTIAL SIGN REGULATIONS: A. Purpose: 1. The regulations, requirements, and provisions set forth within this Section are specific to all signs erected, placed, or constructed within the residential zones of the Town. Effective Amended by Ord. O Page 4 of 16

5 Zoning District B. Regulations: 1. General Regulations. Number of Signs Total Aggregate Area Maximum Height * Permit Req d ** Sign Content MR 1 per entrance 40 sq. ft. 6 feet YES Development Name & Address R-18 1 per residence 4 sq. ft. 6 feet NO Name & Address R-35 1 per residence 4 sq. ft. 6 feet NO Name & Address DR-43 1 per residence 6 sq. ft. 6 feet NO Name & Address DR-70 1 per residence 6 sq. ft. 6 feet NO Name & Address DR-89 1 per residence 6 sq. ft. 6 feet NO Name & Address DR per residence 12 sq. ft. 6 feet NO Name & Address Table 9.1 * Maximum Height can exceed 6 when the sign is proposed to be placed within the buildable area of the lot based upon the zoning district building setbacks for example, a sign hanging from an entry archway. ** A building permit may be required if the address marker presents a potential health and safety issue based on size. a. All signs located within the Desert Rural (DR) zones, except for street address signs, shall comply with the twelve foot (12 ) NHC setback regulations, as required by this Ordinance. b. Sign height shall not exceed 6 unless the proposed sign is placed within the buildable area of the lot as defined by the building setbacks. c. Private signage shall not be located in any manner that in the determination of the Town Engineer creates a traffic hazard. d. Construction or Development Signs: (1) For residential construction one (1) Construction or Development sign may be posted on the subject lot or parcel and shall have a maximum area of six square feet (6 sq. ft.) and a maximum height of five feet (5 ). (2) Construction or Development Signs shall be removed within ten (10) days following the issuance of a Certificate of Occupancy ( the C of O ) or final approval by the Building Official for the project. Effective Amended by Ord. O Page 5 of 16

6 SECTION 9.3 COMMERCIAL SIGN REGULATIONS: A. Purpose: 1. The Purpose of these regulations, requirements, and provisions as set forth in this Section is specific to all signs erected, placed, or constructed within the Town s Commercial Zones (CB, TCC, & GC). B. Regulations: 1. General Regulations. Zoning District CB TCC GC Number of Signs 1 Freestanding Sign 1 Freestanding Sign 1 Freestanding Sign Total Area Maximum Height Permit Req d Specifications 40 sq. ft. 12 feet YES Shall be installed by a licensed contractor. 40 sq. ft. 12 feet YES Shall be installed by a licensed contractor. 48 sq. ft. 12 feet YES Shall be installed by a licensed contractor. Table 9.2 a. Permanent signs within commercial zones shall be constructed and installed by a licensed contractor. b. Temporary signs within commercial zones shall be prepared using durable materials and produced in a workman-like manner, or by a licensed professional. c. Signs shall be located in such a manner that they do not interfere with pedestrian or vehicular travel or pose a hazard to pedestrians, equestrians or vehicles. d. An Electric Permit is required for all exterior electric signs. e. The use of neon sign elements shall be limited to interior window usage only within the CB, TCC, or GC zones. f. Where a sign has three (3) or more faces the area of the sign shall be calculated as the total area of all faces. Effective Amended by Ord. O Page 6 of 16

7 g. The aggregate sign area for all signs on a lot or parcel shall be the sum of the areas of all the signs except, the area for the following: (1) Directional signs, assisting in the flow of traffic, which do not exceed an area of two square feet (2 sq. ft.) or a height of three feet (3 ) and do not include advertising. (2) Street address wall signs, which do not exceed an area of two square feet (2 sq. ft.). (3) Signs necessary for safety, which do not exceed an area of two square feet (2 sq. ft.) or height of three feet (3 ). (4) For sale, lease or rent signs. (5) Wall or building signage. 2. All signs within the Commercial Zones (CB, TCC, & GC) shall comply with the following applicable regulations. Additionally, any proposed complex containing three (3) or more businesses shall be required to submit a comprehensive sign package to be reviewed and approved by the Town. a. Wall or Building Signage: (1) May be externally illuminated or non-illuminated in compliance with this Ordinance. (2) Signage shall not extend horizontally or vertically a distance greater than the width or height of the building wall on which it is displayed. b. Freestanding or Monument Signage: (1) If externally illuminated, signage shall be in compliance with the lighting provisions off this Ordinance. (2) One (1) freestanding sign shall be permitted per development or commercial center. Effective Amended by Ord. O Page 7 of 16

8 (3) A freestanding or monument sign shall not exceed twelve feet (12 ) in height. The height of the sign is measured from grade to the highest point of the sign. (4) In the case where there is no street frontage, the property owner may either; share a multi-tenant sign with the frontage property; or erect a free standing sign on the frontage property within a sign easement procured from the frontage property owner. A minimum distance of one hundred feet (100 ) shall be maintained between signs on the same property. (5) For multiple building developments or commercial centers a maximum of two (2) signs per street frontage may be permitted. The minimum distance between two signs on the same street frontage shall be three hundred thirty feet (330 ). 3. Reader Panel Signs: a. Elementary and secondary schools may also have, in addition to the above, one (1) freestanding reader panel sign no greater than twenty-four square feet (24 sq. ft.) in area and twelve feet (12 ) in height measured from finished grade. b. Churches may use up to one-half (½) of the allowed freestanding sign area as defined within this Ordinance for a reader panel. 4. Temporary Signs - Banners, Pennants and Displays: a. Professionally produced banners and pennants may be allowed within the CB, TCC & GC zones. b. Banners and pennants shall be displayed only on a building and not within the parking area, perimeter landscape, or other areas of the commercial development. c. No pennant, banner or display shall be placed on or above the roof of any building. d. All temporary banners and signs shall be reviewed and approved by the Zoning Administrator. Effective Amended by Ord. O Page 8 of 16

9 e. Temporary banners and signs may be made of cloth, nylon, or similar material and shall be produced by a professional. f. Temporary banners and signs may be used to advertise a Town-authorized special event or a community wide event or a community message. g. Construction or Development Signs: (1) For commercial construction projects one (1) sign may be posted on the subject parcel. A construction or development sign shall have a maximum area of sixteen square feet (16 sq. ft.) and a maximum height of five feet (5 ). The height of the sign is measured from grade to the highest point of the sign. (2) Construction or Development Signs shall be removed within ten (10) days following the issuance of a Certificate of Occupancy for the project. h. Portable Signs: (1) Portable signs are allowed only within the CB, TCC, & GC zones. (2) Portable signs shall not impede or restrict vehicular, non-vehicular, or pedestrian traffic. (3) One (1) portable sign is allowed per business to be displayed during business hours. (4) Portable signs shall not exceed a maximum of six square feet (6 sq. ft.) in area or three feet (3 ) in height. The height of the sign is measured from grade to the highest point of the sign. (5) Portable signs shall not be used for real estate sales signs. (6) The same portable sign shall not be deployed more than twenty (20) days per month, and shall not be kept out more than four (4) consecutive days in a row. Effective Amended by Ord. O Page 9 of 16

10 5. Exempt Signs: a. Signs displayed during recognized holidays as identification of temporary sales areas for trees and similar holiday items. Such signs shall be exempted only when displayed within thirty (30) days of the recognized holiday. b. Community Kiosk Signs: (1) Sign panels on a Town owned kiosk structure may be authorized for the purpose of providing directional information to community facilities, special districts, or residential developments. (2) Kiosk structures may be located within the public rights-of-way, or, upon a finding that such location will not permit adequate directional information, kiosk structures may be approved for location on private property with a sign easement designating the Town as a third party beneficiary. Such permission shall include the consent of the property owners to allow the Town, in the event of non-compliance, to enter said property and remove the sign. (3) A Kiosk Location Plan shall be prepared showing the site of each proposed kiosk. The Kiosk Location Plan shall be submitted to and approved by the Town prior to the acceptance of a Building Permit application. (a) (b) Kiosk directional sign panels shall conform to the colors and design standards as approved by the Zoning Administrator. Any sign panel approved for a particular Kiosk shall not be changed to another panel without prior approval of the Zoning Administrator. (4) Sign panels may be single or double faced. Effective Amended by Ord. O Page 10 of 16

11 6. Prohibited Signs: a. Internally illuminated signs unless previously approved by the Town. b. Billboards. c. Signs mounted, attached, or painted on trailers, boats, or motor vehicles primarily or consistently parked, stored, or displayed in a manner intended to attract the attention of the public for advertising purposes. d. Signs attached to any utility pole or structure, streetlight, traffic signal, tree, fence, fire hydrant, park bench or other location on public property unless otherwise specifically addressed in this Ordinance. e. The use of pennants, banners, balloons, streamers, and similar displays except as permitted in this Ordinance. f. Off-site advertising signs, unless otherwise permitted by this Ordinance. g. Signs that are animated or audible, or rotate or have intermittent or flashing illumination, or emit audible sound or visible matter. h. Signs displayed in a manner or locations that prevent free ingress and egress from a door, window or other exit. i. Signs displayed in a location in such a manner as to obstruct or interfere with an official traffic sign, signal or device, or signs that obstruct or interfere with the driver s view of approaching, merging or intersecting traffic. j. Reader panel signs. k. Fixed balloons used for promotional and advertisement purposes. l. Signage located upon wireless communication facilities. Effective Amended by Ord. O Page 11 of 16

12 SECTION 9.4 SUBMITTAL & PERMIT REQUIREMENTS: 1. Zoning Clearance and/or Building Permit approval for a sign is required for constructing or altering any non-exempt sign. A Building Permit application shall be made in writing on forms provided by the Town. The following minimum information shall be required as part of all Building Permit applications: a. Property owner s name, address, telephone and fax number. b. Sign contractor s name, address, telephone and fax number. c. Inventory of all existing signs on the property showing the type and dimensions of each sign as well as a Site Plan showing the locations of each sign. d. Fully dimensioned plans and elevations showing the dimensions, design copy, and location of each proposed sign in relation to the property line(s) and public right-of-way. e. Structural Plans indicating the scope and structural detail of the work to be done; including details of all connections, supports, footings, and materials to be used. f. Additional information as may be required by the Town for the approval of a Building Permit for all electrically illuminated signage. g. When a comprehensive sign package is required by this Ordinance, the submittal shall include the following information: the material(s), sign type (e.g. attached or detached), and any other information deemed necessary by the Town. 2. Two (2) copies of all information listed above in this Section shall be submitted with the application for each sign; one (1) copy being returned to the applicant at the time the Zoning Clearance and/or Building Permit is issued. 3. Before issuing any Building Permit required by this Ordinance, the Town shall collect a fee in accordance with a fee schedule established by the Town Council. Effective Amended by Ord. O Page 12 of 16

13 4. All signs for which a Building Permit is required shall be subject to inspections during various stages of construction as prescribed by the Town of Cave Creek Building Safety Department. SECTION 9.5 ADDITIONAL SIGN DESIGNATIONS: A. Nonconforming Signs: 1. Legal Nonconforming Signs: a. Legal nonconforming sign(s) shall mean a sign that lawfully existed at the time of the enactment of this Ordinance but does not now conform to the regulations set forth within this Ordinance. Legal non-conforming signs are subject to the provisions of Chapter 10 Non- conforming Uses - of this Ordinance. b. Reasonable repair, maintenance, and alterations to legal non-conforming signs are allowed including change of copy, provided that no structural alterations are made. 2. Signs Rendered Nonconforming: a. Except as provided in this Ordinance, a nonconforming sign may continue in the manner and to the extent that it existed at the time of the Ordinance adoption, amendment or annexation which rendered the sign nonconforming. b. A sign approved before the effective date of this Ordinance or amendment thereto shall not be considered nonconforming and shall not be subject to the regulations set forth in this Chapter. c. A nonconforming sign shall not be re-erected, relocated or replaced unless it is brought into compliance with the requirements of this Ordinance. d. Any nonconforming sign shall be removed or rebuilt in full conformity to the terms of this Ordinance if it is damaged or allowed to deteriorate to such an extent that the cost of repair or restoration is fifty percent (50%) or more of the cost of replacement of such sign. Effective Amended by Ord. O Page 13 of 16

14 3. Signs Rendered Discontinued: B. Unsafe Signs: a. Sign structures which remain vacant, unoccupied, devoid of any message for a period of one hundred and eighty (180) consecutive days, or displays a message pertaining to a time, event or purpose that no longer applies shall be deemed to be discontinued. b. A sign whose use has been discontinued is prohibited and shall be removed by the owner of the property upon which it is located. Removal shall occur no later than one hundred and eighty (180) days after such use has been discontinued. 1. If the Town determines that any sign or sign structure is found to be in an unsafe condition, the Town shall immediately notify the owner, by means of a Sign Violation Notice (see attached Exhibit 9-1 below) placed upon the subject sign, and require that immediate action be taken to correct the identified unsafe condition. If the corrective action cannot reasonably be completed immediately, the owner shall contact the Town Marshal s office to determine an acceptable time with in which the hazardous condition shall be corrected to the satisfaction of the Town. EXHIBIT 9-1 Effective Amended by Ord. O Page 14 of 16

15 2. If the correction has not been made within twenty-four hours (24 hrs.) of the posting of the Sign Violation Notice, the Town, may have the sign removed if it creates an immediate danger to the public safety or have any necessary repairs or maintenance performed at the expense of the owner of the property upon which the sign is located. C. Illegal Signs: 1. The Town Marshal, or other designated Town official, shall remove all illegal signs placed within the Town s right-of-way. The Town Marshal shall require the removal of all other illegal signs as further provided herein, subject to the notice requirements of this Section. 2. Before bringing an action to require removal of any illegal sign, the Town Marshal shall first notice the property owner of the parcel upon which the illegal sign is located with a Sign Violation Notice (Exhibit 9-1 above). The notice shall contain the following: a. The violation charged; b. The reasons and grounds for removal; c. The specific deficiencies or defects; d. What repairs, if any, will make the sign conform to the requirements of this ordinance; e. Specify that the sign must be removed or made to conform with the provisions of this ordinance within the notice period provided. 3. Notice period: a. The notice period for permanent signs shall be seven (7) days. b. The notice period for temporary signs shall be twenty-four hours (24 hrs.). c. Re-erection of any sign or substantially similar sign on the same premises after a compliance notice has been issued shall be deemed a continuation of the original violation. Effective Amended by Ord. O Page 15 of 16

16 4. If the owner of the premises upon which the sign located has not demonstrated to the satisfaction of the Town Marshal that the sign has been removed or brought into compliance with the provisions of this Ordinance by the end of the notice period, then the Town Marshal shall certify the violations to the Town s Civil Hearing Officer for prosecution as a violation of this Ordinance. 5. The Town Marshal may remove any illegal temporary sign which is maintained or re-erected after the expiration of the notice period, if the owner of the premises has been issued a compliance notice at least once before for the same violation involving the same or a similar sign. 6. The costs of removal or repair of a sign by the Town shall be borne by the owner of the property on which it is located; and an action for recovery thereof may be brought by the Town Attorney. 7. All signs impounded by the Town shall be destroyed or disposed of after going unclaimed for a period of seven (7) days. D. Liability for Damages: 1. The provisions of this Ordinance shall not be construed to relieve or to limit in any way, the responsibility or liability of any person, firm, or corporation which erects or owns any sign, for personal injury or property damage caused by the sign; nor shall the provisions of this Ordinance be construed to impose upon the Town, its officers, or its employees, any responsibility or liability by reason of the approval of any sign under the provisions of this Ordinance. Effective Amended by Ord. O Page 16 of 16